Indian Constitution


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Indian Constitution

  1. 1. Prime Minster of India Head of the Union The Prime Minister of India is the Head of the Union (Federal) Government, as distinct from the President of India, who is the Head of State. Since It is the Prime Minister who oversees the day-to-day functioning of the Union (Federal) Government of India. The Prime Minister is assisted in this task by his Council of Ministers, comprising Cabinet Ministers, Ministers of State with Independent Charge, Ministers of State who work with Cabinet Ministers, and Deputy Ministers. Who become the PM The President of India appoints the leader of the party or alliance that enjoys majority support in the Lok Sabha (Lower House of Indian Parliament) as Prime Minister. In case no single party or alliance has a majority, the leader of the largest single party or alliance is appointed Prime Minister, but he/she has to subsequently secure a vote of confidence in the Lok Sabha. The Union Council of Ministers is appointed by the President on the advice of the Prime Minister. The Prime Minister can be a member of either the Rajya Sabha (Upper House of Parliament) or the Lok Sabha. As Prime Minister, he is the Leader of the House to which he belongs. The Prime Minister is also the Chairman of the Planning Commission of India. As head of the Council of Ministers, the Prime Minister oversees the work of all the Ministries. He presides over Cabinet meetings, which are normally held in the Cabinet Room of the Prime Minister's Office. The Union Cabinet functions on the principle of "collective responsibility". Powers -The Prime Minister enjoys extensive powers He is the Leader of the majority party in the Lok Sabha (2) He can recommend the dissolution of Lok Sabha to the President before expiry of its normal term (3) All the members of the Council of Ministers are appointed by the President on the recommendation of the Prime Minister. (4) He allocates portfolios among the various ministers and reshuffles them according to his wishes. He can ask a minister to resign and even get him dismissed by the President (5) He presides over the meetings of the Council of Ministers and exercises a strong influence on its decisions. (6) The Prime Minister is the chief channel of communication between the President and the Council of Ministers and keeps the former informed about all the decisions of the council. The Prime Minister's Office popularly known as the 'PMO’ The South Block is one of the two secretariat blocks (the other is known as North Block) that side Rashtrapati Bhavan - the residence of the President of India. The PMO provides secretarial assistance to the Prime Minister. It is headed by the PPrriinncciippaall SSeeccrreettaarryy to Prime Minister. The PMO includes the anti-corruption unit and the public wing dealing with grievances. In the case of the PM, most matters are dealt with by the Cabinet Minister / Minister of State-in-charge. Only important policy issues, which the Minister concerned feels should be submitted to the Prime Minister for orders or information, are received in the PMO. In cases where the Prime Minister is the Minister-in-charge, all matters requiring Ministerial approval not delegated to the Minister of State / Deputy Minister, if any, are submitted for orders. The Prime Minister has traditionally been the MMiinniisstteerr--iinn--cchhaarrggee ooff tthhee DDeeppaarrttmmeennttss ooff SSppaaccee,, AAttoommiicc EEnneerrggyy,, aanndd MMiinniissttrryy ooff PPeerrssoonnnneell,, PPuubblliicc GGrriieevvaanncceess aanndd PPeennssiioonnss.. Since the Prime Minister is Chairman of the Planning Commission, relevant files are forwarded to the PMO for his comments and clearance. Some of the important matters that require the Prime Minister's personal attention : (a) Important defense-related issues; (b) All important policy issues; (c) Proposals for appointment of Indian Heads of Missions abroad and requests for grant of agreement for foreign Heads of Missions posted to India; (d) All important decisions relating to the Cabinet Secretariat; (e) Appointments to State Administrative Tribunals and the Central Administrative Tribunal, UPSC, Election Commission, Appointment of members of statutory/constitutional Committees, Commissions attached to various Ministries; (f) All policy matters relating to the administration of the Civil Services and administrative reforms; (g) Special Packages announced by the Prime Minister for States are monitored in the PMO and periodical reports submitted to Prime Minister; and (h) All judicial appointments for which Presidential approval is required. Parliament Questions Parliament Questions relating to the Ministries and Departments of which Prime Minister is the Minister-in-charge are answered by a MOS nominated for the purpose or by Prime Minister himself. PM's Funds The Prime Minister’s National Relief Fund (PMNRF) and the national Defence Fund (NDF) are operated directly from the PMO. Powers and functions Formation of the Council of Ministers. Allocation of Portfolio.
  2. 2. Reorganisation of the Council of Ministers Chairman of the cabinet Leader of the house Link between the president and the cabinet Head of the Government Power of Patronage Power to get Lok sabha dissolved Emergency powers Control of Foreign Affairs Leader of the party Council of Ministers Cabinet Minister, ranks highest They are very small in number but plays important role in functioning of government All council of ministers are not the members of the cabinet. Cabinet Minister holds independent charge of some department. Some time some persons are included in the cabinet without any portfolio (Minister without portfolio) All important decision are taken by the cabinet. Ministers of State They hold position in the council of ministers next to the cabinet ministers They are neither the members of the cabinet , nor participate in the meetings of the cabinet. They can be especially invited in the cabinet meeting. Generally they are appointed to assist to Cabinet ministers. Sometime they hold independent charge of some important departments. Deputy Ministers 3rd category of ministers, lowest position in the council of ministers. They are appointed to assist to Cabinet ministers or minister of states. They cannot participate in cabinet meetings Their main function is to prepare answers to the questions asked in the parliament. Parliamentary secretaries This category are included in council of ministers but cannot be called ministers in the real sense. They are appointed to assist to Cabinet ministers who have important portfolios They are not appointed by the president of India. Size of Council of Ministers 91st constitutional amendment fixed the size of council of ministers -15% of the total number of Lok sabha. Difference between cabinet and council of ministers The Union Council of Ministers is composed of all the Union Ministers—Deputy Ministers, Ministers of State and Cabinet Ministers. Cabinet Ministers are those Ministers who are Members of the Cabinet. The Cabinet forms a part of the Council of Ministers. The Cabinet is a real policy making body of the Council and is constituted of its senior members. The Cabinet meetings are not attended by the Deputy Ministers and Ministers of State. Formulation of National Policy Legislative functions Financial Functions Appointments Formulation of Foreign policies Administrative functions National Security Coordination of the departments
  3. 3. State Chief Minister Executive Head Chief Minister is a real executive head of the State. According to the constitution , the administration of the state is run in the name of the governor, yet he happens to be the constitutional head of the state The constitution under article 163 provides the Council of minister at the head to aid and advice the governor in the exercise of his functions. He is the real ruler of the state Appointment The Chief Minister is appointed by the Governor. But the Governor is not free or independent in the appointment of the Chief Minister. He can appoint only the leader of the majority party in Legislative assembly as the Chief Minister of the state. If the Governor appoints someone else to this post then the administration of the state cannot be run smoothly. If no party commands absolute majority in the Legislative Assembly of the state or the majority party fails to elect its leader, the Governor can use some discretion in appointing the Chief Minister. But he is to see that the Chief Minister can get the support of the majority in the legislature. Tenure Tenure of the Chief Minister is maximum for five years. The Chief Minister remains in office so far he is supported by the majority of the members of the Legislative Assembly. The Chief Minister resigns when the majority in Legislative Assembly goes against him. Salary The salary and allowances of the Chief Minister are fixed by the State Legislature. Punjab CM salary Rs. 50,000 /- Powers and functions The Chief Minister of a state enjoys in the state a position similar to the position of the Prime Minister in the Union of India. For all practical purpose the Chief Minister holds the executive power of the State Government in his hands. Formation of the Council of ministers : The Chief Minister forms the Cabinet. After his appointment. He prepares a list of other Ministries and the Governor makes appointments of the ministers according to that list. No person can be appointed minister against without the will of the Chief Minister. Distribution of Portfolios : The departments are distributed among the ministers by the Chief Minister. The Chief Minister looks after the work of other ministers. He can change the departments of the Ministers whenever he likes. The ministers keep the Chief Minister informed regarding the working of their departments. They get advice of the Chief Minister whenever necessary. Removal of Ministers : The ministers remain in office during the pleasure of the Chief Minister. The Governor cannot remove can ask any minister to resign if he is not happy with his work. He can make a charge in his Council of Ministries whenever he likes. Chairman of the cabinet The Governor cannot participate in the meeting of the cabinet. The Chief Minister calls the meetings of the Cabinet and presides over its meeting. He also prepared and controls the agenda for cabinet meeting. The Cabinet takes its decisions unanimously and normally the views of the Chief Minister carry weight. Leadership in the cabinet in the Legislative The Chief Minister can attend the meeting of both the Houses and can participate in their working. The members of the legislature ask questions to the cabinet members and criticize their policies and actions. When a minister cannot give satisfactory reply to the criticism of a member, the Chief Minister assists the minister in satisfying the member. The important decisions taken by the Cabinet are announced in the Legislative by the Chief Minister. Leader of the Legislature The Chief Minister is also the leader of the Legislature. He is the leader of the Legislative Assembly because his party commands majority in the Legislative. Legislative Assembly is more important than the Legislative council. The Legislative Council cannot stand in the way of Legislative Assembly. Hence, the legislature generally acts under the guidance of the Chief Minister. No law can be framed without the will of the Chief Minister. During emergency also the Legislature performs its functions according to the instructions of the Chief Minister. Leader of the Masses : The Chief Minister is the leader of the masses in the state. He is the elected representative of the people and is supported by the majority party in the House. The people of the state are always ready to carry out the wishes of the Chief Minister. Link Between The Governor And The Cabinet Chief advisor to the Governor Head of the Government Position of the Chief Minister In the state the position of the Chief Ministers is similar to the position of the Prime Minister at the centre. The Chief Minister is the man of principles in the state. Against his wishes neither a Bill can be passed nor can a tax be levied.
  4. 4. He is like the sun around which their ministers revolve like connected with his party. If his party enjoys a thin majority in the House or it lacks solidarity the position of the Chief Minister may be weak. District Administration Role and functions of D.C. acting as the Head of Land and Revenue Administration, including responsibility for District Finance (expenditure and audit); acting as the District Head of the Executive Magistracy and overall supervision of law and order and security and some say in the police matters; as Licensing and Regulatory Authority in respect of the various special laws such as Arms, Explosive and Cinematography Acts etc. in the District; as the guardian of public lands with the responsibility to prevent and remove encroachments which are often a source of tension between vested interests and the district administration; public service delivery, either by facilitating or directly delivering services assigned to the district administration from other departments. facilitation of interaction between civil society and the State Government handling issues of local cadre management such as recruitment, in-service training and promotion; the Chief Information and Grievance Redressal Officer of the district. conduct of elections – for Parliament, State Legislature and Local Bodies; as the Officer-in-charge of Disaster Management; Revenue Administration The Collector handles all matters connected with land reforms and revenue administration (including custody of government lands). He is assisted by an Additional Collector / Joint Collector. Collector is the officer-in charge of the district under the State Excise Act. Similar across different States Maintenance of law and order As the Magistrate of the District, exercises functions and powers under various provisions of the Cr.PC. Is the Officer in overall charge of Law and Order and internal security in the district. Varies from State to State though Cr.P.C. Functions are broadly similar. Disaster Management The Relief /Disaster Management branch of the Collector’s office deals directly with these functions. Similar across different States Elections The Collector is the District Election Officer for Parliament, State Legislature and Local Bodies. Similar across different States. Census The Collector is the principal Census Officer. Similar across different States Food and Civil Supplies In most States, the Collector has a direct role to play in the functioning of the Food and Civil Supplies Department at the district level. He oversees the implementation of the Public Distribution System and has powers to enforce provisions of the Essential Commodities Act and related Rules and Orders. Similar across different States Welfare The Collector plays a very critical role in the execution of welfare programmes such as those relating to disability, old age pension etc. either through direct superintendence or through oversight. Varies from State to State depending on the role envisaged in this regard for local bodies. Coordination One of the most important roles of the Collector is to coordinate activities of other agencies/departments at the district level Similar across different States Economic Development (Agriculture, Irrigation, Industry, etc.) Though, many activities/functions of these sectors stand transferred to local bodies, the Collector still has some role in many of these programmes. He chairs meetings of various Committees of Agriculture, Animal Husbandry, Veterinary, Handlooms, Textiles, Irrigation and Industries departments. Also reviews their activities in monthly/bimonthly meetings and coordinates among the departments. Varies from State to State depending on the role envisaged in this regard for local bodies. Modernising of D.C. Office Management Information Systems / IT tools /E-Governance For effective monitoring and evaluation of programme/projects which are directly under the charge of the Collector, there needs to be computerizedattached to his office. On the basis of these, the Collector could undertake monthly or quarterly review of performance. This cell could also function as the nodal e-governance cell for other officers located in the district by using its capacity to coordinate, and develop relevant IT solutions. Grievance & Public Feedback Cell Grievance redressal of citizens and implementation of citizen charters should be a integral part of the Collector’s office. This district grievance cell should be linked with the field offices and also with public kiosks located in the farflung areas of the districts. There should be computerized monitoring of complaints received in this cell. A Vigilance Cell Currently, vigilance is a neglected component of the Collectors functioning. In view of the fact that on an average, there are more than ten thousand employees working in a district under various departments of the State Government, there is case for setting up an exclusiv e vigilance cell at this level. This cell could work under overall supervision of the district Collector who will maintain appropriate liaison with the office of the State Vigilance Commission/Commissioner.
  5. 5. Tours Inspection Notes and Institutional Memory It is largely due to elaborate inspection notes and personal observations of the District Collectors that we have a large collection of valuable District Gazetteers which describe almost all aspects of district administration in pre Independence India. The tradition continued till around 1960. There is need to revive it. This could be done by creating and strengthening a cell for this purpose in the District Collectorate. Human Resource Development : Though, a major part of this subject (primary education) stands transferred to the PRIs, the District Collector/Deputy Commissioner has been retained as Chairman/Co-Chairman in some of the district level committees. Varies from State to State depending on the role envisaged in this regard for local bodies. In Maharashtra and Himachal Pradesh, powers have been given to PRIs in matters relating to health & primary education. Rural Development Though major activities of this department stand transferred to the PRIs/ULBs, in some States, the Collector still continues to be the nodal authority for some programmes. Under the National Rural Employment Guarantee Act, the Collector has been designated as the District Programme Coordinator in some of the States. In Andhra Pradesh, the DC is the Executive Director of District Rural Development Agency. In Maharashtra and Himachal Pradesh, DRDA is under the ZP. In Himachal Pradesh, the ZPs have been empowered to appoint Assistant Engineers in DRDA. Local Self Government The role of the District Collector/ Deputy Commissioner with regard to local self governing institutions varies across different States. Mostly these relate to In Andhra Pradesh, the DC exercises direct control over the Gram Panchayats; in Orissa,
  6. 6. Local Bodies The urban and sub-urban areas in India are mainly taken care of by the municipalities and municipal corporations. The size of the municipality can vary from one place to another. It can be as large as a district and as small as a tehsil. Work pressure on the municipalities has increased immensely from the time of independence. The Municipal Corporation plays an important role in city administration. The Municipal Commissioner is the head of the Executive branch of the Municipal Corporation. The Municipal Commissioner has all the executive powers. The mayor is also an integral part of the Municipal Corporation, though he lacks any form of executive authority. There are also councilors, who work at the acute local level. The Municipal Corporation is responsible for the maintenance of roads, supply of clean and potable water to the general masses, street lighting, removal of garbage, sanitary and healthcare facilities, registration of births and deaths in the area, maintenance of bridges and heritage buildings, operating schools on primary level, opening of dispensaries and health clinics, naming of streets and houses and many more. There are also some discretionary functions that are carried out by the Municipal Corporation. These include conducting surveys, public entertainment, organizing public receptions, public exhibitions, to construct and maintain museums, libraries, public parks and gardens, planning and laying of areas, construction of orphanages, rescue home for women and street children, rest houses and many more. The welfare and well being of the municipal employees is also taken care of by the Municipal Corporation. The Municipal Corporation has to work hand in hand with the State Government for effective implementation of the various plans and programs that are set up for the welfare of the common people. However, at times it has been seen that there are disputes between the State Government and the Municipal Corporation on the ways of working and management of funds. There are also many non- government organizations and agencies that work with the State Government as well as with the Municipal Corporation to ensure better services to the people. Big cities have –Corporations. Cities have –Municipal Committees. Towns have- Town Municipal Committees. All these are elected bodies. Administration is carried out by an appointed Chief Executive who is answerable to the elected bodies. Their main role is to provide civic amenities to the citizens. Their main source of revenue is local tax, and funds received from the State Government. Their main role is to function as a local self government They provide civic amenities They carry out Developmental works. They can levy some taxes Population of M.C.’s No village can be classified as a town unless its population crosses 20,000 inhabitants. On the basis of population and other issues, the state government notifies a larger community (over 10,000) as a notified area, and its administration is under the locally elected Notified Area Commitee. A settlement over 20,000 population would be classified, with a charter from the state government as a town, with a town area committee. Population of M.C.’s Population above 3 lakh constitute a municipal corporation, while below 3 lakh is municipal council. Municipal council is further divided into three classes I, II and III. Municipal Council class I : 50000 to 3 lakh Municipal Council class II : 10000to 50000 Municipal Council class III : upto 10000 Below 10000 population it is called as Nagar Panchayat. Municipal Councils The role and functions of the Municipal Councils are similar to Municipal Corporations. The only difference is the area that is covered by each of them. While a Municipal Corporation takes care of a large area, municipal councils work for a comparatively smaller area. The municipal councils vary from one state to other depending on the size and population of the state. The members, who are an integral part of the Municipal Council, are its President, the Committee and the Chief or the Executive Officer. The President is elected from among the councilors and can be approached for any required help. The term of the President also varies from one to three years and is not the same as that of the council. Both deliberative and executive powers are vested in the President of the municipal council.
  7. 7. The tenure of the councilors in the municipal councils varies from three to five years, in accordance to the municipal acts that are passed for the individual state. The municipal councils also have discretionary and obligatory functions that have to be carried out and are almost similar to the functions of Municipal Corporations and Municipalities. With passage of time, new steps have been taken up to update and upgrade the municipal system in the country. Many modern mechanisms have been applied to these local bodies to that their efficient functioning is ensured. Quality of work has also been emphasized in the various agendas and acts that have been brought forward by the local administrative bodies.
  8. 8. State Secretariat and Chief Secretary As political Head of each department is a minister who is answerable to the state Legislature for ommisions and commissions of his department. Similarly the permanent head of the department is SECRETARY who is normally the senior officer of IAS Cadre. There are many departments in the state secretariat and although each department is responsible for its efficient functioning, yet it is difficult to achieve the said without an officer who coordinates among different departments. Such an offiers is called CHIEF SECRETARY Being the head of the all secretaries, the Chief secretary is the pivot of the secretariat. Powers and Functions New schemes and principles relating to important matters to be introduced and to amend the existing rules if there arises any need Appointment , posting, transfers etc. Of the officers Principal adviser to the chief minister Secretary to the cabinet Prepare agenda for the cabinet meetings makes necessary arrangements for the cabinet meetings General supervision over the secretariat Head of the civil services in the state . All orders of the government are conveyed throught Chief Secretary. Exercises administrative control over the secretariat. Exercises control over the stafff attached to the ministers. Chief Secretary is an ex-officio Secretary of the Cabinet. Therefore, it is mandatory for him to attend all the meetings. The Chief Secretary serves as the adviser to the Chief Minister. The Chief Secretary is the main source of information to the Chief minister. It is the Chief Secretary who supervises the follow-up action of the decisions taken by the Cabinet Ministers. The Chief Secretary is the head of some of the important departments, such as administrative reforms and planning, general administration, personnel administration, etc. It is the Chief Secretary who deals with the inter-state disputes. He serves as the link between the Central and the State Governments. *All the best to all BJMC I students (especially to those who attended classes just for attendance)